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No Need for Speed
Dec 14, 2023
No Need for Speed
In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the…
True Threats and True Agendas
Jul 6, 2023
True Threats and True Agendas
Last week’s Supreme Court opinion on the “true threats” doctrine seemingly settles a long- brewing issue in threat-based prosecutions but also reflects the anticipatory positioning of various Associate Justices on much hotter issues that may make their way to SCOTUS consideration in the near future. As such, the debate-behind-the-debate between the Court’s members is of…
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
Jul 1, 2022
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
This week the Second Circuit Court of Appeals issued a stinging reminder about the need for precision in the case of U.S. v. Pikus, No. 20-3080 (2d Cir. 2022). Aleksander Pikus was one of four defendants charged with money laundering conspiracy and related offenses for bilking Medicare and Medicaid through false billings. The scheme featured…
Modern Day Ceasar Faces Brutal End
Aug 23, 2021
Modern Day Ceasar Faces Brutal End
Last week’s Second Circuit Court of Appeals opinion in U.S. v. Sinmayah Ceasar, 2021 WL 3640387 (2nd Cir. Aug. 18, 2021) provides some insight into the challenging area of defining a “reasonable” sentence and ascertaining the circumstances when appellate courts might overturn a judge’s sentencing decision for being “unreasonably” lenient. The case against Ceasar was…
Of Permits, Preliminary Injunctions, and Pine Beetles
Jun 29, 2021
Of Permits, Preliminary Injunctions, and Pine Beetles
Last Independence Day, there was a big firework show at Mt. Rushmore, the first one since 2009. President Trump joined Governor Kristi Noem, and the show was well-attended by South Dakotans and tourists alike. Governor Noem liked it so much that she put in for a permit this year, only to be rejected by the…
When Double Jeopardy Means No Jeopardy
Mar 25, 2021
When Double Jeopardy Means No Jeopardy
In March of 2019, on the afternoon in which Paul Manafort was sentenced to 7 ½ years in prison by the U.S. District Court in Washington, D.C., New York County District Attorney Cyrus Vance unveiled an indictment against Manafort for mortgage fraud and similar state offenses. As rumors had begun to swirl that President Trump…
When a Guilty Plea is a Bad Gamble: SCOTUS Weighs in on Double Jeopardy and the Dual Sovereignty Rule
Jun 19, 2019
When a Guilty Plea is a Bad Gamble: SCOTUS Weighs in on Double Jeopardy and the Dual Sovereignty Rule
On Monday, the Supreme Court handed down Gamble v. United States, No. 17-646, an interesting decision on Double Jeopardy with practical and predictive ramifications beyond its limited facts. Terance Martez Gamble was caught possessing a loaded handgun in Mobile, Alabama, after previously having been convicted for robbery. He pleaded guilty and received one year in…
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
Feb 20, 2019
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
There’s a saying that many prosecutors know as an exhortation to “take the long view” and to use discretion even where the law seems to permit an aggressive approach—it’s that “bad facts make bad law.” In the case of Indiana prosecutors seeking to cash in on a car seizure from a low-level drug dealer, their…
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
Apr 23, 2018
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut off investigations into his administration’s Russia ties. Although the United States is usually represented before the Supreme…
Marijuana May Be Headed for a Showdown Out West
Jan 4, 2018
Marijuana May Be Headed for a Showdown Out West
Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum in 2013 (the “Cole memo”) that basically provided a safe harbor to the marijuana industry in states that legalized recreational marijuana….
